Citation : 2021 Latest Caselaw 5221 Patna
Judgement Date : 15 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9995 of 2020
======================================================
Vikash Kumar Singh Son of Ram Nandan Singh R/o Village- Sandha Motipur, P.s.- Motipur, District- Muzaffarpur
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Department, of Rural Works, Bihar, Patna
2. The Secretary, Rural Works Department, South Bihar, Bihar, Patna
3. The District Magistrate, Sitamarhi
4. The Superintending Engineer, Rural Works Department, Work Division No. 2, Sitamarhi
5. The Executive Engineer, Building Division, Rural Works Department, Work Division No. 2, Sitamarhi
6. The Divisional Accounts Officer, Rural Works Department, Work Division No. 2, Sitamarhi
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Raju Kumar, Adv For the Respondent/s : Mr. Satya Vrat AC to GP-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 15-11-2021 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 5,44,037/- (Rupees Five Lacs Forty Four Thousand and Thirty Seven) only in lieu of works completed by the petitioner within time against contract agreement No. 101 F2/11-12 entered with the petitioner and respondent No. 5 for Gram Panchayat Bangaha ke bich wan chhari Chaur me RCC Puliya Nirman, Nanpur Block (Gr. No. 54).
Patna High Court CWJC No.9995 of 2020 dt.15-11-2021
(ii) To direct the respondents to make the payment of aforesaid admitted dues of the petitioner hence forthwith which has been wrongly and illegally withheld by the respondents.
(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and latches on the part of the respondents."
Heard learned counsel for the parties.
After some argument, learned counsel for the
petitioner seeks permission to withdraw this petition with liberty
to approach the appropriate/competent forum for redressal of his
grievances as permissible in law.
This application is dismissed as withdrawn reserving
liberty to the writ petitioner to take recourse to such remedies as
are otherwise available in accordance with law.
However, it is made clear that this Court has not
expressed any opinion on the merits of the case and all issues of
facts and law are left open.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2021 Transmission Date NA
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